Divorce or Separation?

By
Hopper Law Firm, PLLC
|April 30, 2013

While certain couples may be suffering with martial problems, they may
not be ready to make that official step of the divorce. For this very
reason, the process of separation has been designed to give spouses a
chance to make the decision to stay together, or separate, with confidence.
There are varying stages of separation that can be done before a
divorce, depending on what is best for you and your spouse.

Trial
separation is the first step to take, as it is a period where the spouses will live
separately from one another to decide if they lie the distance or they
miss one another. Choosing this route does not affect any of your martial
property because it is just for a time, and never meant to be permanent.
Because this isn't a legal separation, property that they accumulate
during their time apart he court will still consider it as marital property.

Living apart means that the spouses have chosen to continue living separately
from one another and in some states the
property laws will be changed by this decision. It depends on how long the couple
has been separated, and if they decide to divorce the court may then consider
any new property accumulated a being separate; though not always. It is
important to remember that physically living separate does not mean it
is a legal action unless one or both parties decide to file for separation
rather than divorce.

Legal separation then is a contract that is done with the guidance of a
divorce attorney and essentially the couple will draft a document similar
to a divorce settlement. Here they will divide the
assets, work through
custody,
visitation and
support; without the divorce being made official yet. This process is known as
a legal trial period of what it would be like to live divorced, yet with
the option to reconcile at any point.

Spouses may decide to try legal separation to decide if they are ready
for a divorce, or perhaps to rekindle their fondness of their spouse.
It is often effective for either route, giving the spouse a chance to
work through what they really want in life—to be together or apart.
Here the court will discuss spousal support, even for the time of the
legal separation; though it will be called separate maintenance rather
than falling under alimony.

The information on this website is for general information purposes only.
Nothing on this site should be taken as legal advice for any individual
case or situation. This information is not intended to create, and receipt
or viewing does not constitute, an attorney-client relationship.